SECTIONS 11842-11845.5 - California Statutes

HEALTH AND SAFETY CODE

SECTION 11842-11845.5

11842. As used in this chapter, "narcotic and drug abuse program"
means any program that provides any service of care, treatment,
rehabilitation, counseling, vocational training, self-improvement
classes or courses, replacement narcotic therapy in maintenance or
detoxification treatment, or other medication services for
detoxification and treatment, and any other services that are
provided either public or private, whether free of charge or for
compensation, which services are intended in any way to alleviate the
problems of narcotic addiction or habituation or drug abuse
addiction or habituation or any problems in whole or in part related
to the problem of narcotics addiction or drug abuse, or any
combination of these problems.

11842.5. As used in this chapter, an alcohol and other drug abuse
program includes, but is not limited to:
(a) Residential programs that provide a residential setting and
services such as detoxification, counseling, care, treatment, and
rehabilitation in a live-in facility.
(b) Drop-in centers that are established for the purpose of
providing counseling, advice, or a social setting for one or more
persons who are attempting to understand, alleviate, or cope with
their problems of alcohol and other drug abuse.
(c) Crisis lines that provide a telephone answering service that
provides, in whole or in part, crisis intervention, counseling, or
referral, or that is a source of general drug abuse information.
(d) Free clinics that are established for the purpose, either in
whole or in part, of providing any medical or dental care, social
services, or treatment, or referral to these services for those
persons recognized as having a problem of narcotics addiction or drug
abuse. Free clinics include primary care clinics licensed under
paragraph (2) of subdivision (a) of Section 1204.
(e) Detoxification centers that are established for the purpose of
detoxification from drugs, regardless of whether or not narcotics,
restricted dangerous drugs, or other medications are administered in
the detoxification and whether detoxification takes place in a
live-in facility or on an outpatient basis.
(f) Narcotic treatment programs, whether inpatient or outpatient,
that offer replacement narcotic therapy and maintenance,
detoxification, or other services, in conjunction with that
replacement narcotic therapy.
(g) Chemical dependency programs, whether inpatient or outpatient
and whether in a hospital or nonhospital setting, that offer a set
program of treatment and rehabilitation for persons with a chemical
dependency that is not primarily an alcohol dependency.
(h) Alcohol and other drug prevention programs that promote
positive action that changes the conditions under which the
drug-taking behaviors to be prevented are most likely to occur and a
proactive and deliberate process that promotes health and well-being
by empowering people and communities with resources necessary to
confront complex and stressful life conditions.
(i) Nonspecific drug programs that have not been specifically
mentioned in subdivisions (a) to (h), inclusive, but that provide or
offer to provide, in whole or in part, for counseling, therapy,
referral, advice, care, treatment, or rehabilitation as a service to
those persons suffering from alcohol and other drug addiction, or
alcohol and other drug abuse related problems that are either
physiological or psychological in nature.

11843. The county shall establish and maintain a registry of all
narcotic and drug abuse programs and alcohol and other drug abuse
programs within the county in order to promote a coordination of
effort in the county.

11843.5. Each narcotic and drug abuse program and alcohol and other
drug abuse program in a county shall register annually with the
county alcohol and drug program administrator by July 1 or within 30
days after being established.

11844. Registration under this chapter shall include registration
of all of the following information concerning the particular
narcotic and drug abuse program or alcohol and other drug abuse
program registering:
(a) A description of the services, programs, or activities
provided by the narcotic and drug abuse program and the types of
patients served.
(b) The address of each facility at which the services, programs,
or activities are furnished.
(c) The names and addresses of the persons or agencies responsible
for the direction and operation of the narcotic and drug abuse
program or alcohol and other drug abuse program.

11844.5. Registration under this part does not constitute the
approval or endorsement of the narcotic and drug abuse program or
alcohol and other drug abuse program by any state or county officer,
employee, or agency.

11845. For the purpose of this chapter, registration shall not be
required for those programs that provide alcohol and other drug abuse
education in public or private schools as a matter of and in
conjunction with a general education of students. This chapter does
not require registration of law enforcement agencies that provide
alcohol and other drug abuse education in the course of their normal
performance of duties. Nothing in this chapter shall prohibit
registration of these programs of education or law enforcement if the
law enforcement and education agencies so desire.

11845.5. (a) The identity and records of the identity, diagnosis,
prognosis, or treatment of any patient, which identity and records
are maintained in connection with the performance of any alcohol and
other drug abuse treatment or prevention effort or function
conducted, regulated, or directly or indirectly assisted by the
department shall, except as provided in subdivision (c), be
confidential and be disclosed only for the purposes and under the
circumstances expressly authorized under subdivision (b).
(b) The content of any records referred to in subdivision (a) may
be disclosed in accordance with the prior written consent of the
client with respect to whom the record is maintained, but only to the
extent, under the circumstances, and for the purposes as clearly
stated in the release of information signed by the client.
(c) Whether or not the client, with respect to whom any given
record referred to in subdivision (a) is maintained, gives his or her
written consent, the content of the record may be disclosed as
follows:
(1) In communications between qualified professional persons
employed by the treatment or prevention program in the provision of
service.
(2) To qualified medical persons not employed by the treatment
program to the extent necessary to meet a bona fide medical
emergency.
(3) To qualified personnel for the purpose of conducting
scientific research, management audits, financial and compliance
audits, or program evaluation, but the personnel may not identify,
directly or indirectly, any individual client in any report of the
research, audit, or evaluation, or otherwise disclose patient
identities in any manner. For purposes of this paragraph, the term
"qualified personnel" means persons whose training and experience are
appropriate to the nature and level of work in which they are
engaged, and who, when working as part of an organization, are
performing that work with adequate administrative safeguards against
unauthorized disclosures.
(4) If the recipient of services is a minor, ward, or conservatee,
and his or her parent, guardian, or conservator designates, in
writing, persons to whom his or her identity in records or
information may be disclosed, except that nothing in this section
shall be construed to compel a physician and surgeon, psychologist,
social worker, nurse, attorney, or other professional person to
reveal information that has been given to him or her in confidence by
members of the client's family.
(5) If authorized by a court of competent jurisdiction granted
after application showing probable cause therefor, as provided in
subdivision (c) of Section 1524 of the Penal Code.
(d) Except as authorized by a court order granted under paragraph
(5) of subdivision (c), no record referred to in subdivision (a) may
be used to initiate or substantiate any criminal charges against a
client or to conduct any investigation of a client.
(e) The prohibitions of this section shall continue to apply to
records concerning any individual who has been a client, irrespective
of whether he or she ceases to be a client.